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Driving Under Influance

Posted by John P. Rutkowski | Jan 17, 2018 | 0 Comments

Driving under influence crimes -- Search and seizure -- Evidence -- Blood test -- Trial court properly denied motion to suppress results of warrantless blood alcohol test administered to defendant who was injured in accident and induced into a coma at trauma center based on totality of circumstances, including the seriousness of the accident and testimony that a warrant would have taken at least four hours to obtain -- Double jeopardy -- Where defendant was convicted of DUI manslaughter, DUI causing serious bodily injury, and DUI causing damage to property or person, two additional convictions for DUI violate double jeopardy and are to be vacated.

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.